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restaurant tipping violations

Call (954) 946-8130 for a free telephone consultation with a Florida lawyer about your unpaid overtime and minimum wage claim.

The restaurant industry employs some of our country’s lowest-paid workers who, especially during hard economic times, are vulnerable to exploitation. We are committed to helping to protect workers and ensures a level playing field for Florida’s law-abiding employers. We encourage vulnerable workers to recognize potential violations and contact a knowledgeable lawyer to explain their legal rights.

Common violations found include requiring employees to work exclusively for tips, without regard to minimum wage standards; making illegal deductions from workers’ wages for walkouts, breakages and cash register shortages, which reduce wages below the required minimum wage; and incorrectly calculating overtime for servers based on their $2.13 per hour base rate before tips, instead of the federal minimum wage of $7.25 per hour.

When violations exist, we are pursuing corrective action on behalf of workers, including payment of back wages and liquidated damages, to ensure accountability and deter future violations. The FLSA provides that employers who violate the law are, as a general rule, liable to employees for their back wages and an equal amount in liquidated damages. Liquidated damages are paid directly to the affected employees rather than any government entity.

The FLSA requires that covered, nonexempt employees be paid at least the federal minimum wage of $7.25 per hour for all hours worked, plus time and one-half their regular rates of pay for hours worked beyond 40 per week. In accordance with the FLSA, an employer of a tipped employee is required to pay no less than $2.13 an hour in direct wages, provided that amount plus the tips received equals at least the federal minimum wage of $7.25 per hour. If an employee’s tips combined with the employer’s direct wages do not equal the minimum wage, the employer must make up the difference. Employers also are required to provide employees notice of the FLSA tip credit provisions and to maintain accurate time and payroll records.

If you are a Florida restaurant worker and would like more information about your possible wage claim,